T A Associates Advisory Pvt.Ltd.,13th floor, Birla Aurora,Dr Annie Besent Road,Worli,Mumbai-400030 Vs. T A Associates Advisory Pvt.Ltd.,13th floor, Birla Aurora, Dr Annie Besent Road,Worli,Mumbai-400030
November, 16th 2015
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IN THE INCOME TAX APPELLATE TRIBUNAL "K" BENCH, MUMBAI
BEFORE HON'BLE S/SHRI G S PANNU (AM), AND SAKTIJIT DEY (JM)
Stay Application No.287/Mum/2015
arising out of I.T.A. No.496/Mum/2015
( / Assessment Year : 2010-11)
T A Associates Advisory Pvt.Ltd., / Dy. Commissioner of Income Tax,
13th floor, Birla Aurora, Vs. Cir. 3(3),
Dr Annie Besent Road, Mumbai.
( /Appellant) .. ( / Respondent)
./ ./ PAN: AADCT0884H
/ Applicant by : Shri Divesh Chawla
/Respondent by : Dr.Pramod Nikalje
/ Date of Hearing : 13.11.2015
/Date of Pronouncement : 13.11.2015
/ O R D E R
Per SAKTIJIT DEY (JM):
In this application, the assessee seeks stay of recovery of
outstanding demand of Rs.47,14,680/- till the disposal of its appeal
pending before the Tribunal.
2. The ld. Counsel appearing for the assessee submitted before us, the
issue in dispute in the appeal filed by the assessee is restricted to
selection of one comparable viz; Motilal Oswal Investment Advisory
Private Limited. He submitted, the issue relating to comparability of the
above said company is more or less settled in favour of the assessee, as in
a number of cases, the Tribunal has held that Motilal Oswal Investment
2 SA No.287/M/2015
Advisory Private Limited being in the business of investment banking
cannot be treated as a comparable to a company engaged in investment
advisory services. However, the ld. Counsel submitted, at this stage, the
assessee is only seeking early hearing of its appeal pending before the
Tribunal. At the same time, ld. Counsel submitted, assessee is keeping
its option open for seeking stay of outstanding demand in future, if need
3. The ld. DR though opposed grant of stay to the assessee; however,
he has no objection if assessee's appeal is heard out of turn.
4. We have heard the parties and perused the material on record.
Before us, the only prayer of the assessee is to grant early hearing of the
corresponding appeal of the assessee. Considering the fact that the issue
in dispute is restricted to selection of one comparable viz Motilal Oswal
Investment Advisory Private Limited, we accede to assessee's request for
early hearing of its appeal. We, therefore, direct the Registry to fix the
corresponding appeal of the assessee being ITA No.496/Mum/2015 on
18.1.2016. Both parties are directed to file paper books, if any, sufficiently
ahead. We make it clear that the assessee should not take any
adjournment on the date fixed for hearing of appeal, lest it may run the
risk of losing its right of early hearing of appeal.
5. In the result, the stay application is partly allowed.
The above order was pronounced in the open court on 13th Nov, 2015.
13 Nov, 2015
( G S PANNU) (SAKTIJIT DEY)
ACCOUNTANT MEMBER JUDICIAL MEMBER
3 SA No.287/M/2015
Mumbai: 13TH Nov, 2015.
.../ SRL , Sr. PS
/Copy of the Order forwarded to :
1. / The Appellant
2. / The Respondent.
3. () / The CIT(A)- concerned
4. / CIT concerned
5. , , /
DR, ITAT, Mumbai concerned
6. / Guard file.
/ BY ORDER,
True copy (Asstt. Registrar)
, /ITAT, Mumbai